John Lewis's 1843 Will Filed In Tishomingo Co., Mississippi

©  Kathy Duncan, 2019

A period copy of John Lewis's will exists in Old Tishomingo County, Mississippi, Deed Book G, pp. 139-141. It differs from Joel D. Lewis's recollection of it that was made 30 years later for the children of his sister Elizabeth (Lewis) Babb, who were suing their step-mother Mary Jane (Broom) Lewis Fitzpatrick. It seems to have been filed in Tishomingo County, Mississippi because John Lewis owned land there and not just because he had heirs living there.

There is plenty say about this copy of John Lewis's will, but I will save that for another post.

Old Tishomingo County, Mississippi
Deed Book G, p. 139

John Lewis } State of Tennessee  Be it Remembered that at a

Will } Quarterly Court began and held at the Court house

in the Town of Purdy  County of McNairy the 3^rd day of April in the year of our lord Eighteen hundred and forty three and Sixty Seventh ye-ar of American Independence Present the Worshipful S D Pace G G Adams, Dollison Sweat John G Gooch, E T Dodd, John Cham-vers, James M Huggins, A C Housten, A M Brown, Jacob Lawrance W L Anderson, Elyah Lynch Demis McKnight, Jacob Jackson and Joseph Anderson, James Warran, Sherriff and A A Land Clerk This day the last will and Testement of John Lewis decd was pro-duced in open Court and the Execution thereof was duly proven by the Oaths of William Dannele and James E Dannell For Subscribing Witnesses thereto after which Baily G Eart was inter-duced and in open Court and after being duly Sworn, deposeth and Said that he found the Said Will, among the Said Lewis papers after his death. and that he to gether with the other Witnesses Knows of now other will After which the Executors appointed in the will Jane Lewis, Joel D Lewis and Henry Lewis, app-eared in open Court. and gave bond in the Sum of Fourteen Thousand dollars with Green B. Babb, William Mason and William Donnele for Securities who together with the Said Ja-ne Lewis Joel D Lewis, and Henry Lewis. Came into Court and acknowledged the Same. After which the Executric and Executors, took the necessary Oath, and the Court Ordered th-at Letters testamentary issue to them, and a Copy of the will, And that the will be recorded and filed H.

Old Tishomingo County, Mississippi
Deed Book G, p. 140-41

The State of Alabama Jackson County  I John Lewis being in hea-lth and Sound in mind and Knowing the Certainty of death do make this my last will and testament as follows: viz, I give and bequeath to my Son William Lewis five dollars out of my money at my death if I have any and if none, out of my property And I give and bequeath to my Son Daniel A Lewis, one dollar out of my property, at my death, and I give and bequeath to my dear Wife Jane Lewis an equal Shear with the balance of my Children that is after paying out of estate the above named Sums to my two Sons above named. I want my Estate divided equally between my dear Wife Jane Lewis and my Sons Henry Joel D Spencer P & John N Lewis and by daughters Celia, Matilda, Rebecca, Margaret, Elizabeth, Jane, Susan, and Emily Lewis Equal Shares. But if my dear wife Jane Lewis, Sh-ould choos a dower that the Laws allow I desire she should have it And the balance of my estate after paying my two Sons & Daniel A Lewis, the above named Sums, I desire should be divided equally, between the balance of my children, and I desire that if I should have any more heirs, that they should shear eq-ually with my present heirs except my two heirs first named And if I should depart this life before my younger daugher Em-ily Should get her education, and if I should have any more heirs, I desire there should be a Sufficient Sum Set apart for their Education, and then the balance of estte be divide as before written. I desire that dear Wife Jane Lewis and my two Sons Henry Lewis & Joel D Lewis be and I do appoint them Executors of this my last Will and Testement And I desire that My son Daniel A Lewis children that is to Say his first Wife & Children to have as much of my estate between them as any other of my Sons or daughters will shear, that is I want all of my son Daniel Children above named to only have as much between them all as one of my heirs Say Son or Daughter with the Exception of one hundred dollars, that I want them to lack one hundred dollars of getting as much between them all as one of my other heirs. In testimony of this being my las will

and testament. I have hereunto Set my hand and Seal this 14^th

day of January 1840.              John his Lewis

In the presents of                            mark

William Dannil

James E Daniel [Jr?]

State of Tennessee} I A A Sanders Clerk of McNairy County Court

McNairy County}  do hereby Certify this the forgoing writing is A correct copy of the last will and testament of John Lewis decd As the same appears of Record in my office in Book No. 7 pages 36 & 37 together with the record of the county court annexed. In testimony whereof I have Set my hand & Seal of Said Court at Office in Purdy the 18^th day of October 1843  A A Sanders Clerk

State of Tennessee} I L D Pace Chairman of the McNairy County

McNairy County} Court do herby Certify tht A A Sanders whose Name is Subscribed to the above certificate is and was at the time of Signing the Same active Clerk of the McNairy County Court duly elected and qualified and that his Certificate is in due form of law and that full faith and credit is and should be given to all his official acts as Such Witenss my hand as office in Purdy the

18^th day of October 1843

L D Pace {Seal}

Presiding Trustee of the CC

Elizabeth (Lewis) Babb, Daughter of John D. Lewis

©  Kathy Duncan, 2019

Amongst the many documents in the lawsuit of F.A. Bryant et al (the children of Elizabeth Lewis and Green B. Babb) against John Fitzpatrick et al (their step-mother), is this deposition of Joel D. Lewis of Wayne County, Missouri - formerly of Jackson County, Alabama. The value of this document is that it establishes Joel D. Lewis as the son of John D. Lewis and as the brother of Elizabeth (Lewis) Babb.

This is from file #241 in the Estate Settlement Dispute between F.A. Bryant et al vs. John Fitzpatrick et al in McNairy County, Tennessee, 1871.

F.A. Bryant Et als }         In the chancery

Vs. }                                  Court McNairy

John Fitspatrick Et als } County, Tennessee

Interogatories to be propounded

to Joel D. Lewis before E P Settee Clerk

of the County Court of Wayne County

Missouri at his office in Said county

In the cause of F.A. Bryant Et als

vs John Fitzpatrick Et als in behalf

of Complaniants

Int 1   Were you acquainted with John D. Lewis Ded

And G. B. Babb & Elizabeth Babb his wife

formerly Elizabeth Lewis. All late of

McNairy County Tennessee if So State

What relation you sustained to each of

Said parties. Yes was acquainted with Joh Lewis

John Lewis was my Father. Elizabeth Babb was my sister and

G B Babb was my brother in Law

Int 2  Was or not said Elizabeth the daughter

of Said John D Lewis deceased. Yes She

was my sister.

Int 3 Did Said John D. Lewis prior to his

death Make and execute his last will

and testament. Who was appointed ex-

ecutors of Said will. Was the Same

proven and recorded. Yes he made his last will

and testament. Henry Lewis, Jane Lewis & Deponent was appoints

his executors. The same was proved and recorded.

Int 4  Did you with the others executors administer

And Settle the estate of Said deceased

In accordance with the provisions of Said

Will. – Yes

Int 5  Was or not the portions of Said Eizabeth

Babb in her fathers estate willed to her

Sole Separate use and to her children at

her death. If So State particularly that

portion of the will. Was willed to her and

heir heirs

Int 6 Were You present at the Sale of the lands

Of Said deceased in McNairy County,

if So did G.B. Babb purchase any of Said

lands, and did he perchase in his own

right or as agent of his wife. State how

the lands he purchased were Settled for,

Was not as the Sale. G B Babb told me that he bought

The Land for his wife Elizabeth Babb, was settled for out of her

part of the Estate.

Int 7 Were the lands Sold for the purpose of partition

and derision amongst the heirs & legatees or

for the payment of debts? Sold for partition

and distribution and not for payment of debts

Int 8 Did or Not G.B. Babb pay any money

for the land purchased by him at the Sale.

State particularly how it was Settled?

G B Babb did not pay anything for the Land  It was

Settled for out of his wifes interest in the Estate

Int 9 Was or not the personal property belonging

to the estate of Said John D. Lewis Decd

Sufficient to pay his debts. and was not his debts

paid out of the proceeds of his personal property.

Personal property was sufficient to pay all of his

Debts and all of this debts were paid out of the

money on hand at his death.

Joel D Lewis

Henry Lewis Letter 1871

©  Kathy Duncan, 2019

On 24 March 1871, Henry Lewis, of Jackson County, Alabama, wrote a letter to his niece, Jane Catherine (Babb) Bryant, with the details concerning the contents of his father John D. Lewis's will and the circumstances surround the purchase of land for Elizabeth (Lewis) Babb. Green B Babb, her husband, acted as her agent, purchasing the land with his her share of the John D. Lewis estate. John D. Lewis died in McNairy County, Tennessee in about 1842, and his property was auctioned there.

This letter is part of the evidence in the lawsuit that Elizabeth (Lewis) Babb's children brought against their step-mother, Mary Jane (Broom) Lewis Fitzpatrick.

Woodville Jackson Co Ala     March the 24/1871

Dear Neice I will now

try to answer your kind letter of Feb 24^th

which was some time on the way but came

at last   thinking that you are more anxious

to know all that I can tell you of the contents

of my Fathers will I will tell you that first

I know that he made a will and that he did

It in my presence and appointed Joel. D. Lewis

and my-self executors to the will and we filed

the will in Purdy McNairy Co Tenn and also

filed a copy of it in Bellefonte Ala and it

was destroyed in time of war we also filed

a certificate from the county clerk of court McNairy

Co in Jacinto the will stated that there was

to be sufficient amount set apart for

the education of my half Sister Emily

after the debts were paid my father willed

my oldest brother Wiley five dollars, then the

widow my Step mother was to have a choice

of a childs part or a dowry  She took a

childs part  the ballance of his property he

willed to his children and their heirs and at the

sale of my fathers land Green Babb your Father

said that he had no interest in but his wife your

own mother authorized him to bid for the land

she was standing close by and said yes I authorize

him to bid for me and your Father bought some

of the land and we charged it to her

and she took the land out of her part of the

estate and we managed the property just as

my father willed it, and if you see

proper to have my deposition taken

Henry Dillard or Frank Cotton either one

or both would be very suitable men

they both live in Woodville which is near

me and if you do have that done you and

your husband come to see us we live in

two miles of Woodville you could come that

near on the railroad we would be glad

to see you hope you will excuse this imperfect

letter and let me hear

from you again  Your Unkle Henry Lewis

(Exhibit B)

Will of John Lewis by Joel D Lewis

©  Kathy Duncan, 2019

The will of John Lewis seems to exist only has a copy filed in a lawsuit brought by his Babb grandchildren against their step-mother in McNairy County, Tennessee in 1871. It was originally filed in McNairy County, Tennessee; Jackson County Alabama; and Tishomingo County, Mississippi. The McNairy County and Jackson County copies were lost to courthouse fires. The McNairy County, Tennesse courthouse burned in 1881. The Jackson County, Alabama courthouse records were burned by Union soldiers in 1863. I have not yet located a copy in Tishomingo County, Mississippi.

This copy is from the recollection of John Lewis's son Joel D. Lewis, who wrote the original will for his father. It was written in 1871 for Francis A. Bryant on behalf of his wife Jane Catherine (Babb) Bryant, who was Joel D. Lewis's niece, and it is the only known copy of the original 1840 will. A transcript follows the copy of each page. 

March the 13^th 1871

Coldwater, Wayne County, Missouri

Dear Nephew & Neace

I with pleasure recieved your letter of the 12^th Instant 

You wrote that you wanted me to send to you the

Conditions of my Father’s Will which I will do

I think I recollect it nearly as it was written

because I wrote it myself it read about as follows

Jackson County Alabama

I John Lewis being in health and sound in mind do

but knowing the certainty of death do

make this my last will and testament

1^st I commend my spirit to Almighty God

2^nd I desire my body should be decently buried

I desire that there should be sufficient sum set apart

out of my estate to educate my daughter Emily,

I give and bequeath to my son Wiley Lewis five dollars,

and give ..bequeath to my son Daniel A Lewis

one dollar. After setting apart a sum sufficient for

the education of my daughter Emily and paying

my son Wiley five dollars and my son Daniel A Lewis

one dollar I desire my estate to be divided equally between

my Dear wife Jane Lewis and my sons Wm Henry Lewis ad

Joel D Lewis and Spencer P Lewis (??? Spener P Lewis

I desire one hundred dollars less than the balance of

my heirs) and John N[?] Lewis and Celia Babb’s heirs

(naming them) and Daniel A Lewis heirs (naming them)

Except that Daniel A Lewis (heirs shall have one hun-

dred and fifty dollars less than an heirs shar) and

my daughters and their heirs Matilda Mason, Rebecca

Rice, Margaret Daughtery, Elizabeth Babb, Jane

Wardlow and Susanah Lewis and Emily Lewis,

I desire and appoint my Dear wife Jane Lewis, Wm Henry

Lewis and Joel D Lewis executors of this my last will

and testament

In witness whereof I have herewith set my hand and

Affix my seal

Signed & sealed in presents of us this

William Daniel

James E Daniel

You wanted to know whether or not the James Daniel

at Corinth was the one signed the will as a witness

he is not, but I suppose he is a cousin as the cousin

alluded to lives some where in Mississippi,

We are all well and the connection are generally well

You say you have some who you call Joel, well

if ??? his name I know he must be a prety boy for

all my namesaks are prety,

Let me hear how you get on with your suit,

Rebecca joins me in her love to you and your

little ones,

Joel D Lewis

To F A & J C Bryant

(Exhibit A)

Filed 1^st May 1871

Thos. R. Beck, C&M

John D. Lewis's will has been found in Tishomingo County, Mississippi deed records and can be read here. 

Betsy Ann Young, Wife of Daniel A. Lewis

©  Kathy Duncan, 2019

The children of Betsy Ann Young and Daniel A. Lewis can be proven by examining the estate records of her father William Young who died in Marshall County, Alabama in 1857. Betsey Ann (Young) Lewis was deceased by the time William Young's will was written in 1856. This will was filed by William Young's grandson William S. Lewis and was contested by Rachel Arena Higgins and William Ira Young, the only surviving children of William Young.

This probate paper provides a list of William Young's heirs, both living and deceased:

This list of William Young's makes reference to his daughter, Betsy Ann Lewis, deceased, who married Daniel A. Lewis. Their children are listed as being

1. Cecily Louisa Lewis [b. c. 1829] who married John R. Inlow

2. William S. Lewis [b.c. 1831]

3. Charlotte T. Lewis [b. 14 March 1834]

4. Susan M. Lewis [b. 27 September 1835]

5. Mansel or Mansfield W. Lewis [b.c. 1837/38/39]

6. Betsy Ann Lewis [b. 23 March 1838]

William Young's daughter Betsy Ann Lewis had been previously married to Thomas Hughes. They married 8 November 1826 in Madison County, Alabama. Betsy Ann (Young) Hughes married Daniel A. Lewis a year and a half later on 4 May 1828 in Madison County, Alabama. There are no Hughes children listed in William Young's probate.

We can conclude that Betsy Ann (Young) Lewis was living as of 1838 when her daughter Betsy Ann was born and that she was deceased by the time her father wrote his will in 1856. However, Betsy Ann is also nowhere to be found on the 1850 census while her children are living with various relatives and neighbors, suggesting that she was deceased before 1850.

Charlotte T. and Susan M. Lewis are living with their grandfather William Young in the Hart household. Susan is listed on the next page.

Betsy Ann Lewis is in the Samuel Wallace household, along with John Higgins, suggesting that this is an extended family: 

William S. Lewis is in the Henry Martin household: 

Celia Louisa Lewis has already married John R. Inlow and is living in Franklin County, Alabama:

How much before 1850 did Betsy Ann (Young) Lewis die?

Neither Daniel A. Lewis nor Betsy Ann Lewis is on the 1840 census in either Madison County, Jackson County, or Marshall County, Alabama.

However, the 1840 household of William Young is very revealing. The demographics suggest that William and Catherine Young are raising some of their grandchildren. Betsy Ann (Young) Lewis is the only child of theirs who might have been deceased by 1840. 

1840 Marshall County, Alabama:

William Young 020000001 - 131000001

1 male 5 - 9 years old =

1 male 5 - 9 years old = William S. Lewis?

1 male 60 - 70 = William Young

1 female 5 - 9 =

1 female 5 - 9 = Susan M. Lewis?

1 female 5 - 9 = Charlotte T. Lewis?

1 female 10 - 14 = Celia L. Lewis?

1 female 60 - 70 = Catherine

While Betsy Ann (Young) Lewis may have been deceased by 1840, her husband Daniel Lewis seems to be alive and well on the 1840 Crittenden County, Arkansas census with another wife.

Jasper Twp., Crittenden Co., Ark., 1840

One theory is that Daniel Lewis had married Tempie DeSpain, daughter of the John D. Spaine, who is next door to them on the census. What makes this even more interesting is that John DeSpain's wife was Charlotte Daniel. 

Daniel's brother Wiley Lewis was also living in Crittenden County, Arkansas in 1840.

Jasper Twp., Critten Co., Ark., 1840

Daniel A. Lewis's father John D. Lewis seems to have expressed some concern for the welfare of Betsy Ann (Young) Lewis's children, his grandchildren when he provided for them in his will while leaving his son Daniel A. Lewis only $1. Did Daniel separate from Betsy before her death? Or did he wait a short time after her death before remarrying? That would not have raised many eyebrows. However, Daniel seems to have left his children to be raised by others while he headed west to make a new life. This seeming abandonment of his children may be what put him on the outs with his father, John D. Lewis.

Revised January 26, 2021

Charity, John Kelly Sr's Wife

©  Kathy Duncan, 2019

After years, dare I say decades, of trying to identify John Kelly Sr.'s wife, I have finally found documentation for her.

John Kelly Sr. died in Fairfield County, South Carolina in January 1842. He was a Revolutionary War soldier, who died intestate. His probate contains a list of his several children.

His son Hampton H. Kelly of Richland District filed a pension application on 29 July 1851, stating "his said father, John Kelly, deceased...left no widow, this Despondent's mother having died previous to his father. That after his father's death and at the sale of his father's property this declarant's brother, Frost Kelly, who has since moved to the state of Mississippi, bought an old trunk containing the old papers of his said father and a portion of his said father's horseman's uniform which he had in his lifetime declared was part of that which he wore in said service in said war."

Various secondary sources have stated that John Kelly's wife was Charity. The most notable source is Mary Collins Landin's book The Old Cemeteries of Hinds County, Mississippi: From 1811 to the Present. Her work seems to indicate that the tombstones of both John Frost Kelly and his sister Lydia (Kelly) Seastrunk's tombstones provide the information that they are the children of John and Charity Kelly. There are just one or two big problems with that. There is no tombstone for Frost Kelly in the Utica Cemetery. I've searched a large portion of the cemetery myself, and I've had a request for a photograph of the tombstone on Findagrave. I've been told by a volunteer that no tombstone could be found. Lydia (Kelly) Seastrunk's is buried on private property, that ironically was and may still be owned by...Mary Collins Landin. No one seems to be able to gain access to that little cemetery to take photographs.

Every time someone states that Charity was John's wife, I always contact them asking for documentation. Either no one responds, or they finally tell me that they don't have any.

Finally, I've pinpointed a primary source, other than Landin's work or a tombstone, to document that John Kelly Sr.'s wife was, in fact, named Charity. In 1839, Littleton Kelly filed the deed for property that he had purchased from his father John Kelly Sr. in 1825. Charity Kelly signed a release of her dower, with her mark, on 11 May 1826.

This deed can be located in Fairfield County, South Carolina deed Bk. NN, p. 205.

So, as of 11 May 1826, Charity Kelly was still living and signed her release of dower. It is reasonable to think that she was the mother of Littleton Kelly b. c. 1821 and Obediah K. Kelly b. c. 1823. It is impossible to state with any certainty that she is the mother of Hampton H. Kelly or any of the older Kelly siblings. 

In 1830, John Kelly of Fairfield District, South Carolina had a wife who was 10 - 20 years his junior:

John Kelly 020120001 - 1020001

The eldest man in the household, John Kelly, was 60 to 70 years old.

The eldest female in the household, John Kelly's wife, was 40 to 50 years old.

In order to be John Kelly Jr's mother, she would have to be closer to fifty. That would have made her a young 16 when he was born in about 1786. Plus, it would mean that she was bearing children over more than 30 years. It seems very unlikely to me that she was the mother of all of John Kelly's children.

More needs to be documented about Charity, and researchers need to be open to the very likely possibility that John Kelly had an earlier wife. 

Mary Ann (Vaughn) Mason

©  Kathy Duncan, 2019

One of the most frequently asked questions in general facebook genealogy groups goes something like, "Is there any point in including all of my ancestor's siblings on my tree? They are very distracting. Can't I just trim them all off and focus on my direct line?" Those who grudgingly include siblings suggest that including the sibling's spouse and children is just too much bother, too much minutia. Then they ask, "How many of the people do you include?"

The short answer: All of them.

For example, Mary Ann (Vaughn) Mason and her siblings.

Mary Ann Vaughn was the third wife of Wesley Randolph Mason, who was an uncle to my great-grandmother Mary Charlotte "Maggie" (Cawthon) Chapman. Mary Ann Vaughn is important because she and W.R. Mason had a daughter, Minnie Cordelia, who lived well into the twentieth century. That daughter's descendants might have information that I don't have. Information that I cannot get anywhere else. That might include photographs, letters, family bibles, oral stories. Information that I could not hope to get anywhere else.

Through census records, I had pieced together that Mary Ann Vaughn had a sister named Sarah (Vaughn?) Brasier and two brothers named Henry M. Vaughn and James R. Vaughn.

Then yesterday evening, along comes this death notice to confirm my findings:

This obituary names Mrs. Brazier [Sarah] of Blum, Texas as the deceased. It tells me that her husband was a Methodist minister who had predeceased her. It provides her death date and the general location of her burial in or near Palestine, Texas. It names her sister as Mrs. Mason [Mary Ann], who also lived at Blum. Additionally, their brothers are referred to as two bachelors who also lived at Blum - the youngest over 70 years old. Notably,  Mrs. Brazier's niece is Mrs. L. E. Spalding. That would be Louis Eugene Spalding. His wife was Minnie Cordelia Mason of Palestine, Texas, and she was the daughter of Wesley R. and Mary Ann (Vaughn) Mason.